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Delphin v. Morley

United States District Court, Eastern District of California
Nov 16, 2022
1:19-cv-01076-JLT-SKO (PC) (E.D. Cal. Nov. 16, 2022)

Opinion

1:19-cv-01076-JLT-SKO (PC)

11-16-2022

JEREMY DELPHIN, Plaintiff, v. J. MORLEY, et al., Defendants.


ORDER GRANTING DEEFENDANTS' SECOND EX PARTE APPLICATION TO MODIFY THE DISCOVERY AND SCHEDULING ORDER

(DOC. 86)

SHEILA K. OBERTO, MAGISTRATE JUDGE

Plaintiff Jeremy Delphin is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.

On July 14, 2022, the Court issued its Discovery and Scheduling Order, setting forth deadlines for the completion of discovery and the filing of various motions. (Doc. 81.)

On October 3, 2022, the Court granted Defendants' first ex parte application to modify all discovery and pre-trial filing deadlines by 45 days. (Doc. 85.)

On November 15, 2022, Defendants filed a second ex parte application to modify the discovery and scheduling order. (Doc. 86.) The application is supported by the declaration of defense counsel Kandice H. Jung. (Id. at 6-7.) Defendants seek an extension of 60 days for all deadlines detailed in the scheduling order, citing to staffing shortages at Plaintiffs institution. (Id. at 1.) Specifically, Plaintiff's deposition had been arranged for November 7, 2022. (Id. at 6, ¶ 3.) Nevertheless, after waiting more than one hour after the time set for the deposition, defense counsel was advised Plaintiff would not be attending his scheduled deposition due to unexpected staffing shortages. (Id. at 6, ¶ 4.) Defense counsel has now cleared the date of December 14, 2022 for Plaintiff's deposition with the institution's new litigation coordinator. (Id. at 6, ¶ 5.) Defense counsel believes a 60-day extension of all deadlines will accommodate any staffing shortages incurred by the institution moving forward; counsel has been informed shortages could occur again and that she “will likely be given notice of the institution's unexpected unavailability by the date before the deposition, at the earliest.” (Id. at 6, ¶ 7.) Defense counsel participated in a telephone conference with Plaintiff on November 15, 2022; Plaintiff does not object to the instant request of a 60-day extension of all deadlines. (Id. at 7, ¶ 9.)

Good cause appearing, IT IS HEREBY ORDERED that the Discovery and Scheduling Order be modified as follows:

1. The deadline for filing motions challenging the exhaustion of administrative remedies is extended from November 28, 2022 to January 27, 2023;
2. The deadline for amending the pleadings is extended from December 26, 2022 to February 24, 2023;
3. The deadline for the completion of all discovery, including filing motions to compel is extended from January 30, 2023 to March 31, 2023; and
4. The deadline for filing pre-trial dispositive motions is extended from March 30, 2023 to May 29, 2023.

No further extensions of time will be entertained absent a showing of good cause. Any request for an extension of time for any deadline set forth above must be filed at least two weeks prior to expiration of the deadline.

IT IS SO ORDERED.


Summaries of

Delphin v. Morley

United States District Court, Eastern District of California
Nov 16, 2022
1:19-cv-01076-JLT-SKO (PC) (E.D. Cal. Nov. 16, 2022)
Case details for

Delphin v. Morley

Case Details

Full title:JEREMY DELPHIN, Plaintiff, v. J. MORLEY, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 16, 2022

Citations

1:19-cv-01076-JLT-SKO (PC) (E.D. Cal. Nov. 16, 2022)